My Reply to the MoE (16/05/2012)
Re: Environmental Scan.
Yes this does eliminate any confusion on the matter of the use of Intellectual Property. and a check shows that this WAS mentioned in the 2006 Agreement. It needs to be mentioned though that this statement is NO longer mentioned on subsequent Agreements and our 'rollovers' to the current one are from the 2007 Agreement. (08,09,10,11 & 12).
You will receive Environmental Scans from our Service's, hopefully by the required time. (this is a very busy year and this Officer is the writer of the Scan) and a lone operator in one DTS.
I will publish the current information on my website
_________________________________________________________________
Kia ora Stephan, (15/05/2012)
Thank you for your email dated 6 May 2012 seeking clarification on the intellectual property generated by DTS services.
You have asked me to clarify the following statement I made in my email to you dated 4 May 2012 to be referenced:
Please note that DTS agreements over a number of years have clarified that intellectual property generated by DTS services is owned by the Crown. Therefore, the requirement for the Environmental Scan to be provided to the Ministry is consistent with prior DTS agreements.
If you wish to see the detail of the relevant DTS agreements your employers have entered into with the Ministry, you should discuss this directly with your employers.
However, I can advise you that the standard wording provided in the 2006 Principal Agreement that subsequent variations have been based on, contains the following section regarding Intellectual Property for DTS providers:
10 Intellectual Property and the use of Information
1.1 The Ministry is the first owner of copyright in all plans, reports and surveys developed under this Agreement. The Ministry may use and share the data supplied.
1.2 The Provider may continue to use for the provision of District Truancy Services all information collated and all reports, surveys and business plans developed under this agreement.
1.3 The provider shall take all reasonable steps to ensure that the Ministry has the ongoing ability to use any data, plans, reports and surveys without additional cost.
1.4 The Provider will not infringe any intellectual property rights of other third parties in developing any work under this Agreement.
I hope this eliminates any confusion on the matter of the use of Intellectual Property.
Ngā mihi,
Acting Group Manager Education, Curriculum and Performance
Environmental Scan Query to the MoE
04/19/2012
GreetingsTo Whom
Please note:
a miss print in the dating of your current email attachment regarding the current agreement. as this was extended as per email 02/09/2012 which stated that the current agreement was extended to end of T3. For the NEW Service to operate T4.2012.
The form I downloaded from your email today has the old dates on it, offering the new service from T3.2012
Query unanswered
The Environmental Scan (ES) is due to be filled and sent to the MoE by 31 May 2012.
Many District Truancy Services in New Zealand disagree with what the Ministry of Education is asking of in an 'Environmental Scan' , believing that this is theft of their Professionalism and is extremely unethical and contains NO goodwill.There is NO guarantee of re-employment of those who have operated and designed their local DTS's. Some Officers have been doing this since the start and many over 10 years.
I have had this checked by a Lawyer who suggests that this is so. With NO suggestion from me.
Personally, I feel very anxious regarding this matter.
So the question here is:
- What consequence will follow if a DTS refuses to comply with s3 Environmental Scan' ?
- Note that the MoE regards the DTS documentation as an 'Agreement' not a 'Contract'
In this instance I am querying for several DTS's in nz and await your prompt reply
Kind Regards
Stephan P Dyer
Senior Truancy Officer
CTDTS & STDTS
Reply 4/5/2012
Kia ora Stephan,
Thank you for your email dated 20 April 2012 regarding the Environmental Scan.
Please note that DTS agreements over a number of years have clarified that intellectual property generated by DTS services is owned by the Crown. Therefore, the requirement for the Environmental Scan to be provided to the Ministry is consistent with prior DTS agreements.
As explained in a letter to you from Alison Adlam, dated 13 March 2012, the Environmental Scan was included as one part of the 2012 District Truancy Service Agreements. Organisations providing DTS services choose to agree to this when they choose to provide services for 2012.
I can understand that you have some anxiety regarding having to provide information on professional practices and relationships you have developed over a number of years. This is a matter you should take up with your employer who has entered into the relevant agreement with the Ministry.
You have asked what consequence will follow if a DTS refuses to comply with s3 Environmental Scan. The Ministry always pays on completion of Agreement milestones. The Ministry may withhold payment or make part payment where the Services specified have not been fully completed. Each situation would be assessed on its merits and reasons for any decision provided to the relevant provider. We are committed to working with DTS Providers if they require assistance or clarification on best to meet the requirements of their agreement.
Ngā mihi,
Acting Group Manager
Education, Curriculum and Performance
Letter to the MoE Attendance Service in response to the above.
05/05/2012
Greetings
Thank you for your response to my email.
It is nice to know that these communications are being read.
A query here though?
I have been in the business of District Truancy Service's almost since the beginning and have operated my services with the passion that was needed for the position over the past 13 years.
I am somewhat confused with the statement that you made
re: Please note that DTS agreements over a number of years have clarified that intellectual property generated by DTS services is owned by the Crown.
Therefore, the requirement for the Environmental Scan to be provided to the Ministry is consistent with prior DTS agreements.
I have never seen this on any documentation regarding DTS's in NZ from the MoE.
I have copies of the original manuscripts the 'RED BOOK' of which I will do a search through.
Are you able to refer me to this statement?
Kind RegardsStephan Dyer
Senior Truancy Officer
Central Taranaki DTS and South Taranaki DTS.